N.R.S. 293C.195 – Procedure for withdrawing candidacy
Overview of Statute
This section provides the procedure for withdrawing one’s candidacy.
A withdrawal of candidacy for a city office must be in writing and presented to the city clerk by the candidate in person within 2 days, excluding Saturdays, Sundays and holidays, after the last day for filing a declaration of candidacy or an acceptance of candidacy.
1. Definition for Clerk
The election board officer designated or assigned to make the record of the election in the roster, tally list and challenge list in the precinct, district or polling place in which such officer is appointed.
See Nev. Rev. Stat. § 293.040.
2. Definition for Person
1. A natural person;
2. Any form of business or social organization;
3. Any nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust, unincorporated organization, labor union, committee for political action, political party and committee sponsored by a political party; or
4. A government, governmental agency or political subdivision of a government.
See Nev. Rev. Stat. § 294A.009.
3. Definition for Candidate
1. Who files a declaration of candidacy;
2. Who files an acceptance of candidacy;
3. Whose name appears on an official ballot at any election; or
4. Who has received one or more contributions in excess of $100, regardless of whether:
(a) The person has filed a declaration of candidacy or an acceptance of candidacy; or
(b) The name of the person appears on an official ballot at any election.
See Nev. Rev. Stat. § 294A.005.
Regulations & Guidance
Attorney General's Opinions
AGO 99-19 (1999) The former provisions of NRS 293C.195, which had required a withdrawal of candidacy for a city office to be presented to the city clerk within 2 days after the last day for filing a declaration of candidacy or an acceptance of candidacy, should be interpreted in light of NRS 293.127 and N.R.C.P. 6(a) such that Saturdays, set forth specifically that Saturdays, Sundays and nonjudicial days are excluded. (N.B., opinion issued before NRS 293C.195 was amended in 1999 to set forth specifically that Saturdays, Sundays and holidays are to be excluded in determining the deadline for withdrawal of candidacy.) Although NRS 293C.195 states that a withdrawal of candidacy for a city office must be presented to the city clerk by the candidate in person, NRS 293.127 provides that NRS title 24 shall be construed liberally to the end that the real will of the electors may not be defeated by any informality or by failure substantially to comply with the provisions of the title. Thus, an authorized agent may present a withdrawal of candidacy on behalf of a candidate if: (1) the physical presence of the candidate is precluded; (2) the authorized agent appears in person for the candidate within the time frame allotted by the statute; and (3) no factor which would compromise the integrity of the election process exists.